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I have a friend who has two children that he doesn't get to see. Last year he lost his job and is currently unemployeed due to some medical recoveries and surgery. He is looking for work but doesn't currently have a job. He owes back child support that they figured the amount of from his last job. He still gets a child support bill every month, and is falling further behind (he doesn't recieve any help from the government for food or housing). I know he should pay something for child support, but can he get the amount lowered due to not having a job? Also is there anything he can do to get some visitation rights to his kids (he has no money for a lawyer). If not does he still need to pay child support if he doesn't get to see his children? I am worried about him possiblly going to jail for back child support that he cannot pay. He was never married, so there is no seperation or divorce proceedings that are ongoing. Thank you

Asked on 12/27/10, 8:00 am

1 Answer from Attorneys

Yes, your friend can seek a modification of his child support obligation based upon his employment status. Yes, his obligation to pay child support continues even if he does not get to see the children. In most cases he should be able to obtain a court order giving him specific custody rights concerning his children. In all of these things he shouldhave an attorney to help him, but he is legally entitled to represent himself if there is no possible way for him to hire an attorney. Perhaps his friends could help him to raise enough money to hire a good attorney.,